Tuesday, April 24, 2012

The
author of the work is normally recognised as the first owners of the copyright
in the work. However, the ownership of copy right can be assigned from the initial
owner to the other person.The copyright in the work
can be assigned before the completion of the work. It is not mandatory that
copyright must be assigned after the creation of the work. The
initial owner must assign the copyright without any undue influence or
coercion. The copyright may be in any type of work - a book, an e-book,
computer programme, a screenplay, painting, document, article and so on. The
owner of the copyright may sell, donate or permit the use of whole or part of
their copyright. Owners of the copyright have the exclusive right
to deal with their work. The ownership of copyright is automatic on the
creation of the copyright work.

Is it mandatory to
register the ownership of copyright?

In
Australia, there is no system for the registration of the copyright. However,
you can protect the copyright of the work by including copy right notice. The
notice must provide the name of the author in the following format:

This
notice will protect your work, and no one can claim the ownership of the work. This
notice will recognise you the owners of f the copyright material.

Term of copyright

The term of the copyright
varies for the work to work. It
lasts for the life of the author plus seventy years.

How to assign the
copyright?

You
can transfer the copyright to anyone by assignment of copyright. Assignment
must be in a written form. It is your
exclusive right to transfer the right of copyright.

What is the status of
the work created by the employees?

Usually,
the copyright material created by the employee in the course their employment
is owned by employer. Unless, there is written or verbal agreement that
employee will own the copyright. You can negotiate this matter with the
employer if you want to own the copyright.

Copyright
material created by independent contractor

The
contractor will own the right of copyright for the work created by him even you
have paid him for creation of such work. You enjoy the ownership of the work
but not right of copyright. You will have the implied licence to reproduce such
work.

Certain commissioned
work

For
photographs commissioned, the photographer is the owner of the copyright except
the photograph was a commissioned for:

Private; or

Domestic purpose.

Work made under the
direction of State

Australian
states own the copyrightin the :

·the work was made by, or under the direction
or control of, the Commonwealth Government, or a State or Territory government;
or

· the
work was first published by, or under the direction or control of, the Commonwealth
Government, or a State or Territory government.

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Editors’ notes:

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